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Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha
Jason Grant
In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz "Dr. Luke" Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.
Features
U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity
Stan Soocher
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."
Features
Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19
Angela Morris
In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.
Features
Counterfeiting vs. Infringement: Second Circuit Weighs In
Eric Alan Stone
&
Catherine Nyarady
In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.
Features
Confession of Judgment Provisions In Commercial Leases
Megan E. Moyer and Kevin M. Levy
In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.
Features
TikTok Dances Around Another Copyright Infringement Suit
Angela Morris
The Texas lawsuit alleged that the social video app and parent company ByteDance Ltd. copied software code, and deleted or altered copyright management information in the code, and then used the code in the app that has 175 million downloads.
Columns & Departments
Bit Parts
Stan Soocher
Don Everly Prevails Over Late Brother Phil's Family Following Trial on Authorship of Everly Brothers' 1960 Hit "Cathy's Clown" Split Decision on Secondary Liability Claims Against Harry Fox Agency in Music Licensing Lawsuit Over Spotify Streaming of Eminem Compositions
Features
When Does Content of a Debtor's Bar Date Notice Satisfy Due Process?
Francis J. Lawall
&
Kenneth A. Listwak
The Third Circuit recently examined whether the content of a debtor's bar date notice satisfied due process, so as to discharge unknown litigation creditors' claims against the company after confirmation of the debtor's Chapter 11 plan of reorganization.
Features
New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
Stan Soocher
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor's class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
Features
Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Scott R. Lippert
&
Darcy Baboulis-Gyscek
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
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